singhski 2024-09-11 12:40 p.m.@Kezzera @DauuX
The summons was sent to myself at 12am GMT, we have until 12am GMT tomorrow to reply. The time on the summons is completely wrong, it suggests 2:57 AM PST, when in reality the deadline was 4PM PST today.
This is a material issue rather than a minor issue, a material issue because it severely impinges on the Defendant's ability to appear or respond, therefore, we believe it is just that the timer is reset and we receive the 7 days to reply from today. Furthermore, this Court erred again in giving us TWO days instead of SEVEN as required by Mayfl. R. Civ. P. 13(1)(a) the only exception being if a statute prescribes otherwise--no such statute exists. The seven days is for the official capacity claims it is actually FIVE for the individual capacity claims per Mayfl. R. Civ. P (13)(a).
So (1) the Court has given us less than 2 days to reply (per the summons being sent at 4pm PST but the deadline for a reply being 2:57am PST on the 11th) and (2) the Court has given us the incorrect amount of time as prescribed by Mayfl. R. Civ. P.
The Court did not serve the Defendants, and expected the Solicitor General's Office to do so
"the summons continues to function as the sine qua non directing an individual or entity to participate in a civil action" Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999); this highlights the importance of the summons, that it is a document which directs the individual and/or entity to participate in this case, this is further empowered by our own provisions. The Defendants did not receive a summons, and thus were not directed to participate in this case. The duty of delivering this summons is delegated to the Judge or the Clerk as prescribed by Mayfl. R. Civ. P. (7)(a) not the OSG.(edited)